Terms of service
GENERAL TERMS AND CONDITIONS
www.rafaceramics.com
1. GENERAL PROVISIONS
1.1 These general terms and conditions govern the rights and obligations of the contracting parties, which are:
a) seller: Ing. Jakub Rafajdus - Rafaceramics, place of business: Trenčianska 707/54, 82109
Bratislava – Ružinov, Slovak Republic, Company ID: 56441240, registered in the Trade Register under
No. 110-345306, tel.: +421 944 399 055, e-mail: info@rafaceramics.com (hereinafter referred to as the “Seller”) and
b) the buyer, who is a customer or consumer who registers via the online store www.rafaceramics.com or orders goods via it (hereinafter referred to as the “Buyer”)
when concluding a contract via the online store www.rafaceramics.com, the operator of which is the Seller (hereinafter referred to as the “e-shop”).
1.2 For the purposes of these General Terms and Conditions (hereinafter referred to as the “GTC”), the terms used have the following meanings:
− “consumer” - a natural person who, when concluding and performing the contract, does not act within the scope of his/her commercial activity or other business activity;
− “customer” - a legal entity or a natural person entrepreneur who, when concluding a contract through an e-shop, acts within the scope of his/her business activity - as a person registered in the Commercial Register, a person who carries out business on the basis of a trade license or other authorization pursuant to special regulations or as a natural person who carries out agricultural production and is registered pursuant to special regulations;
− “Civil Code” or “OZ” - Act No. 40/1964 Coll. Civil Code, as amended by later regulations;
− “Commercial Code” or “ObZ” - Act No. 513/1991 Coll. Commercial Code, as amended by later regulations;
− “Consumer Protection Act” - Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended by later regulations;
− “Consumer Protection Act in Distance Selling” - Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s premises and on amendments and supplements to certain acts, as amended;
− “ADR Act” - Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on amendments and supplements to certain acts, as amended;
− “contract” - a contract concluded between the seller and the buyer via the e-shop on the basis of the confirmation of the buyer’s binding order by the seller;
− “goods” - goods offered for sale by the seller via the e-shop; the offer of goods provided by the seller in the e-shop is of an informative nature.
1.3 By placing a binding order through the e-shop, the buyer confirms that he has been informed and agrees with the wording of these GTC.
1.4 The contract concluded between the seller and the customer is governed, in addition to these GTC, by the provisions of the Commercial Code.1.5 The contract concluded between the seller and the consumer is governed, in addition to these GTC, by the provisions of the Civil Code, the Consumer Protection Act and the Consumer Protection Act in Distance Selling.
2. ORDER
2.1 The buyer may order goods through the seller's e-shop, based on an electronic order sent by filling out an electronic form on the website www.rafaceramics.com. By sending an electronic order, the buyer accepts all provisions of these GTC in the version valid on the date of sending the electronic order, as well as the purchase price of the ordered goods stated in the e-shop. An order made in this way is considered binding.
2.2 A contract concluded on the basis of a binding order of the buyer, who is a consumer, confirmed by the seller, is considered a contract concluded at a distance in accordance with the Act on Consumer Protection in Distance Selling.
2.3 With each order, the buyer must provide his/her name and surname / business name, billing address, delivery address (if different from the billing address), telephone number, e-mail, name of the goods, number of pieces and, in the case of a customer, also his/her Company Identification Number, Tax Identification Number, and VAT Identification Number (an order sent by the buyer via the e-shop automatically meets these conditions). The condition for the validity of an electronic order is its true and complete completion.
2.4 After delivery of the order, it will be automatically registered in the seller's system and confirmed to the buyer via e-mail, which also concludes a contract between the seller and the buyer. The buyer may cancel an order confirmed by the seller only with the seller's consent, unless these GTC provide otherwise.
2.5 By concluding the contract, the seller undertakes to deliver the goods to the buyer and the buyer undertakes to take over the ordered and delivered goods and pay the seller the purchase price for these goods, in accordance with the conditions set out in these GTC.
2.6 In the event that the seller is unable to deliver the ordered goods within the time limit and/or at the price at which the buyer ordered the goods, he has the right to cancel such order. The seller shall inform the buyer of the cancellation of the order without undue delay by e-mail sent to the buyer.
3. CONDITIONS OF DELIVERY OF GOODS
3.1 The Seller undertakes to deliver the goods to the Buyer as soon as possible after the creation and confirmation of the electronic order.
3.2 The Seller sends the goods within 1-3 business days from the date of order confirmation. The Seller delivers the goods via the Packeta platform (www.packeta.sk) as delivery to the place of delivery or to the address. Delivery of goods within Slovakia via the Packeta platform usually occurs the next day after the shipment is handed over for transport. In exceptional cases (especially during holidays, etc.), delivery may take longer. The Buyer will be informed of the exact time of delivery by the Packeta platform and/or the Seller. The delivery time indicated on the e-shop is indicative. The Seller is not responsible for any delay on the part of the Packeta platform or the delivery and courier services cooperating with it.
3.3 The seller shall pack the goods in a manner that is commonly used for the goods in question and that ensures that the goods are not damaged during delivery, unless the parties agree otherwise.
3.4 The seller's obligation to deliver the goods to the buyer is deemed to be fulfilled when the goods are made available to the buyer at the place of delivery (the goods are handed over to the buyer by the carrier). The place of delivery is the address specified by the buyer in the order or the delivery point of the Packeta platform.
3.5 The buyer undertakes to take over the goods on the agreed date at the address specified in the order. Upon receipt of the goods, the buyer is obliged to immediately check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the buyer is obliged to contact the seller immediately without taking over the shipment and have the Packeta platform confirm any obvious defects or defects caused during the takeover. Any later complaints about the quantity and physical damage of the goods will not be accepted.
3.6 The risk of damage to the goods passes from the buyer at the moment of delivery of the goods to the buyer. In the event that the buyer does not take over the goods on time or refuses to take over the goods without reason, the risk of damage to the buyer from the moment when he had the opportunity to take over the goods, or when he refused to take over them without reason.
4. PURCHASE PRICE AND PAYMENT TERMS
4.1 The buyer is obliged to pay the seller the relevant purchase price for the goods.
4.2 The current price of the goods is stated on the seller's website. Prices may be subject to change. The valid price of the goods will always be announced when verifying the order.
4.3 The price of the goods does not include transport costs (postage). Postage will be added to the price of the goods according to the relevant price list, while the exact amount of postage will be announced to the buyer before sending the order.
4.4 The Buyer pays for the goods and postage via the Stripe payment gateway (www.stripe.com).
4.5 The Buyer agrees to the sending of invoices electronically to the e-mail address specified in the order.
5. WITHDRAWAL FROM THE CONTRACT
5.1 The Buyer, who is a consumer, is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods. Withdrawal from the contract must be made in writing and must contain all data used for identification. The withdrawal period is considered to have been observed if the notification of withdrawal from the contract was sent to the Seller no later than the last day of the period.
5.2 The Buyer (consumer) may exercise the right to withdraw from the contract with the Seller:
a) by letter sent to the Seller at the address: Ing. Jakub Rafajdus - Rafaceramics, Trenčianska
707/54, 82109 Bratislava – Ružinov;
b) by e-mail sent to the e-mail address: info@rafaceramics.com; or
c) by using the "withdrawal from the contract" form, which is an annex to these GTC.
5.3 The goods must not be damaged, used, must be in the original packaging and must be packed in such a way that it cannot be damaged during transport.
5.4 The costs of returning the goods to the seller are borne by the buyer. The buyer is not entitled to send the returned goods to the seller on delivery. The seller will not accept the goods sent in this way and they will be returned to the buyer.
5.5 The seller will inspect the goods returned by the buyer (consumer) without undue delay upon withdrawal from the contract. If the goods have been returned to the seller undamaged and in accordance with the conditions set out in these GTC, the seller shall refund to the buyer (consumer) all payments received from him under or in connection with the contract, including postage (except for costs borne by the consumer under the law and these GTC). The seller shall refund to the buyer (consumer) the payments without undue delay, no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal from the contract, in the same manner as the consumer used for his payment (i.e. via the Stripe payment gateway), unless the parties agree otherwise.
5.6 The seller is not obliged to refund to the consumer payments upon withdrawal from the contract before the goods are delivered to him or before the consumer proves that the goods were properly sent to the seller.
6. LIABILITY FOR DEFECTS
6.1 The goods are defective:
a) if they were not delivered to the buyer in the ordered quantity;
b) if they are not of the quality according to the buyer's order;
c) if other goods were delivered to the buyer.
6.2 The seller is not liable for defects that the buyer knew about at the time of ordering the goods or, taking into account all the circumstances, should have known about.
6.3 The Seller is not liable for defects in the goods that arise due to the fault of the Buyer, or if the defect or damage arose in particular (i) due to demonstrable improper use in violation of the Seller's instructions regarding the use and care of the goods or other improper actions on the part of the Buyer or other persons using the goods, or due to mechanical damage to the goods (e.g. falling, breaking), (ii) in the case of demonstrably unauthorized interference with the goods, (iii) if the defect arose due to normal wear and tear of the goods, (iv) in the event of natural disasters, violent damage, adverse weather conditions or operation in extreme or unusual conditions.
6.4 In general, unless otherwise stated in the warranty documents, the warranty period for the Buyer, who is a consumer, is set at a minimum of 24 months. Complaints can only be made for goods purchased and paid for from the Seller. When making a complaint, the buyer (consumer) is obliged to deliver the claimed goods clean, mechanically undamaged and packaged in such a way as to prevent damage.
6.5 In the event of a complaint, it is recommended that the buyer notify the seller by telephone that the requested goods have a defect and how it manifested itself. Based on this information, the buyer will be advised of further steps in handling the complaint.
7. DISPUTE RESOLUTION
7.1 The parties undertake to resolve disputes that arise between the seller and the buyer by agreement as a priority.
7.2 The buyer, who is a consumer, has the right to submit a request for redress to the seller if a dispute arises between the consumer and the seller from the exercise of rights from liability for defects (complaints) or if the consumer believes that the seller has violated other consumer rights. The consumer is entitled to send a request for redress to the e-mail address: info@rafaceramics.com.
7.3 If the seller does not comply with the consumer's request for redress or does not respond to it within 30 days from the date of its sending, the consumer has the right to contact the alternative dispute resolution entity, which is the Slovak Trade Inspectorate, Bajkalská 21/A, 82799 Bratislava 27 (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). The consumer is entitled to choose the alternative dispute resolution entity to which he or she will contact. The consumer's possibility of contacting the court is not affected.
7.4 In the case of a contract concluded online, the consumer may also use the European Online Dispute Resolution (ODR) platform for alternative dispute resolution, which is available on the website https://ec.europa.eu/consumers/odr/.
7.5 The Seller and the Buyer shall bear the costs associated with the alternative dispute resolution separately without the possibility of reimbursement.7.6 In the event that the Contracting Parties fail to reach a mutual agreement on the resolution of the dispute, any Contracting Party is entitled to assert its claim in the competent court in accordance with the provisions of Act No. 160/2015 Coll. on the Civil Dispute Procedure.
7.7 Only disputes arising from the contract between the Seller and the Buyer (consumer) and disputes related to this contract may be resolved in the form of alternative dispute resolution, with the exception of disputes whose value does not exceed EUR 20.
8. SUPERVISORY AUTHORITY
8.1 The supervisory authority for the Bratislava region is: SOI Inspectorate with its registered office in BratislavaBajkalská 21/A, P. O. BOX No. 5, 820 07 BratislavaSupervision Departmenttel. no.: 02/ 58 272 172 - 3, 02/ 58 272 106fax no.: 02/ 58 272 170e-mail: ba@soi.sk
9. FINAL PROVISIONS
9.1 These GTC apply in the version made available on the website www.rafaceramics.com at the time of sending the electronic order.
9.2 These GTC have been formulated in good faith, in order to fulfill the legal obligations of the seller, with the aim of regulating the relationship between the seller and the buyer. If any provision of these GTC (or part thereof) is and/or is proven invalid by the competent authority of the Slovak Republic, the validity of the other provisions of these GTC (or the remaining part of the provision in question) shall not be affected.
9.3 Legal relationships and conditions not regulated by these GTC, as well as any disputes arising from failure to comply with these conditions, shall be governed by the relevant provisions of the Civil Code or the Commercial Code (in the case of the customer).
9.4 The Seller processes the personal data of the Buyer (or his representatives) in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), as well as in accordance with Act No. 18/2018 Coll. on the protection of personal data and on amendments and supplements to certain laws, as amended (to the extent applicable). Details regarding the processing of personal data are regulated in the document "Principles of Personal Data Processing", which is available on the seller's website: https://rafaceramics.-com/sk/policies/privacy-policy.
9.5 The seller reserves the right to change these GTC, and the new version of these GTC is considered to be notified to the buyer on the date of its publication on the seller's website. The rights and obligations of the contracting parties arising before the date of entry into force of the new version of the GTC are not affected by the change. In Bratislava on August 25, 2024
Appendix
CONTRACT WITHDRAWAL FORM - SAMPLE (fill out and send this form only if you wish to withdraw from the contract)
To: Ing. Jakub Rafajdus – Rafaceramics
Place of business: Trenčianska 707/54, 82109 Bratislava – Ružinov, Slovak Republic
Registration number: 56441240
Phone: +421 944 399 055
E-mail: info@rafaceramics.com
I hereby give notice that I withdraw from the contract for this product.
Product:
Date of order:
Date of receipt:
Order number:
Name and surname of the buyer (consumer):
Address of the buyer (consumer):
Date:
Signature of the buyer: (if this form is submitted in paper form)